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ISDA 2021 SBS Top-Up Protocol

The ISDA 2021 SBS Top-Up Protocol (the “SBS Top-Up Protocol”) is part of ISDA’s Dodd-Frank Documentation Initiative aimed at assisting the industry in implementing and complying with the regulatory requirements imposed under Title VII of the Dodd–Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). Specifically, the SBS Top-Up Protocol facilitates industry compliance with rulemakings promulgated by the U.S. Securities and Exchange Commission (“SEC”) related to Security-Based Swaps (“SBS”). For those parties who have adhered to either or both of ISDA’s August 2012 DF Protocol and March 2013 DF Protocol, this protocol allows the terms previously included by the parties for CFTC compliance to be “topped up” for SEC compliance.

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ISDA 2020 UK (PRA Rule) Jurisdictional Module to the ISDA Resolution Stay Jurisdictional Modular Protocol

The 2020 UK (PRA Rule) Jurisdictional Module (the 2020 UK Module) to the ISDA Resolution Stay Jurisdictional Modular Protocol enables entities subject to the UK Prudential Regulation Authority (UK PRA) rule on contractual stays in financial contracts governed by third-country law to amend the terms of their Covered Agreements with certain counterparties to comply with the UK PRA rule, by obtaining from such counterparties a contractual recognition of the application of stays on or overrides of termination rights under the UK Banking Act, as required by the UK PRA rule.
Pursuant to the European Union (Withdrawal) Act 2018 (as amended from time to time) certain EU law (and EU-derived domestic legislation) will be retained in UK domestic law from 31 December 2020. As part of that process certain amendments have been made to the ‘Stay In Resolution’ part of the PRA rulebook (the 2020 PRA Rule). The 2020 UK Module has been created to allow market participants to comply with the 2020 PRA Rule.

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ISDA 2020 UK EMIR Portfolio Reconciliation, Dispute Resolution and Disclosure Protocol

The ISDA 2020 UK EMIR Portfolio Reconciliation, Dispute Resolution and Disclosure Protocol enables parties to to Protocol Covered Agreements to amend the terms of each such Protocol Covered Agreement to reflect certain portfolio reconciliation and dispute resolution obligations imposed by Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (EMIR) as it forms part of ‘retained EU law’ as defined in the European Union (Withdrawal) Act 2018 (UK EMIR) and to include certain confidentiality waivers relating to reporting and record keeping obligations under UK EMIR.

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ISDA 2020 IBOR Fallbacks Protocol

This protocol enables parties to Protocol Covered Documents to amend the terms of each such Protocol Covered Document to (i) in respect of a Protocol Covered Document which incorporates, or references a rate as defined in, a Covered ISDA Definitions Booklet, include in the terms of such Protocol Covered Document either the terms of or a particular defined term included in Supplements to the 2006 ISDA Definitions, and (ii) in respect of a Protocol Covered Document which otherwise references a Relevant IBOR, include in the terms of such Protocol Covered Document new fallbacks for that Relevant IBOR.

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ISDA Italian Jurisdictional Module to the ISDA Resolution Stay Jurisdictional Modular Protocol

The Italian Jurisdictional module enables parties to amend the terms of their Covered Agreements with entities subject to Italian legal requirements to obtain from certain counterparties a contractual recognition of the application of stays on termination under the Italian special resolution regime.

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ISDA French Jurisdictional Module to the ISDA Resolution Stay Jurisdictional Modular Protocol

The French Jurisdictional module enables parties to amend the terms of their Covered Agreements with entities subject to French legal requirements to obtain from certain counterparties a contractual recognition of the application of stays on termination under the French special resolution regime.

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ISDA 2018 U.S. Resolution Stay Protocol

The ISDA 2018 U.S. Resolution Stay Protocol was created to allow market participants to comply with regulations issued by the Board of Governors of the Federal Reserve System (12 C.F.R. §§ 252.2, 252.81-88), the Federal Deposit Insurance Corporation (12 C.F.R. §§ 382.1-7) and the Office of the Comptroller of the Currency (12 C.F.R. §§ 47.1-8) (US Stay Regulations). The US Stay Regulations impose requirements on the terms of swaps, repos and other qualified financial contracts of global systemically important banking organizations.

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ISDA Swiss Jurisdictional Module to the ISDA Resolution Stay Jurisdictional Modular Protocol

The Swiss Jurisdictional Module enables parties to amend the terms of their Covered Agreements with entities subject to Swiss legal requirements to obtain from certain counterparties a contractual recognition of the application of stays on termination under the Swiss special resolution regime.

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ISDA 2017 OTC Equity Derivatives T+2 Settlement Cycle Protocol

The ISDA 2017 OTC Equity Derivatives T+2 Settlement Cycle Protocol is designed to assist market participants in amending the terms of certain trading confirmations to address the change for certain equity derivative transactions from a T+3 to a T+2 settlement cycle for securities for which the exchange is located in the United States, Canada, Mexico and Peru. This transition to a two-day settlement cycle is scheduled to take place on September 5, 2017.

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ISDA 2017 Bail-in Article 55 BRRD Protocol (Austrian/Belgian/Danish/Swedish entity-in-resolution version)

The 2017 ISDA Bail-in Art 55 Protocol offers market participants an efficient way to amend the terms of certain ISDA Master Agreements and certain other master agreements, framework agreements and give-up and execution agreements (as further described in the ISDA 2017 Bail-in Art 55 Protocol) to reflect the requirements of Article 55 of the EU Bank Recovery and Resolution Directive (BRRD) as implemented in the relevant jurisdiction. The 2017 ISDA Bail-in Art 55 Protocol aims to assist in-scope (Austrian, Belgian, Danish and Swedish) entities to comply with the requirement in relation to their ISDA Master Agreements and certain other agreements.

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ISDA Japanese Jurisdictional Module to the ISDA Resolution Stay Jurisdictional Modular Protocol

The ISDA Japanese Jurisdictional Module enables compliance with the amendments to the Comprehensive Guidelines issued by Japanese Financial Services Agency (the JFSA) regarding contractual stays in certain financial contracts governed by non-Japanese law (Japanese Regulation).

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ISDA 2016 Variation Margin Protocol

The ISDA 2016 Variation Margin Protocol is designed to help market participants comply with new rules on margin for uncleared swaps. The Protocol addresses documentation changes necessary to comply with the variation margin requirements that will apply to a large number of market participants in various jurisdictions from March 2017.

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ISDA 2016 Bail-in Art 55 BRRD Protocol (Dutch/French/German/Irish/Italian/Luxembourg/Spanish/UK entity-in-resolution version)

The ISDA Bail-in Protocol offers market participants an efficient way to amend the terms of certain ISDA Master Agreements and certain other master agreements, framework agreements and give-up and execution agreements (as further described in the ISDA Bail-in Protocol) to reflect the requirements of Article 55 of the EU Bank Recovery and Resolution Directive (BRRD) as implemented in the relevant jurisdictions. The ISDA Bail-in Protocol aims to assist in-scope (Dutch, French, German, Irish, Italian, Luxembourg, Spanish and UK) entities to comply with the requirement in relation to their ISDA Master Agreements and certain other agreements.

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ISDA German Jurisdictional Module to the ISDA Resolution Stay Jurisdictional Modular Protocol

The German Jurisdictional Module enables parties to amend the terms of their Covered Agreements with entities subject to German legal requirements to obtain from certain counterparties a contractual recognition of the application of stays on termination under the German special resolution regime.

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ISDA UK (PRA Rule) Jurisdictional Module to the ISDA Resolution Stay Jurisdictional Modular Protocol

The UK (PRA Rule) Jurisdictional Module enables entities subject to the UK Prudential Regulation Authority’s (UK PRA) final rule on contractual stays in financial contracts governed by third-country law to amend the terms of their Covered Agreements with certain counterparties to comply with the PRA’s final rule, by obtaining from such counterparties a contractual recognition of the application of stays on or overrides of termination rights under the UK Banking Act, as required by the UK PRA final rule.

IMPORTANT NOTE: This module has been superseded by the 2020 UK (PRA Rule) Jurisdictional Module (the 2020 UK Module) to the ISDA Resolution Stay Jurisdictional Modular Protocol. You should discuss with your legal advisors which module is appropriate to address your contractual needs.

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ISDA 2015 Universal Resolution Stay Protocol

The ISDA 2015 Universal Resolution Stay Protocol enables parties to amend the terms of their Protocol Covered Agreements to contractually recognize the cross-border application of special resolution regimes applicable to certain financial companies and support the resolution of certain financial companies under the United States Bankruptcy Code.

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ISDA 2015 Section 871(m) Protocol

ISDA 2015 Section 871(m) Protocol addresses the effects of Section 871(m) of the U.S. Internal Revenue Code on derivatives transactions.

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ISDA 2014 Collateral Agreement Negative Interest Protocol

The ISDA 2014 Collateral Agreement Negative Interest Protocol enables parties to amend certain ISDA-published collateral agreements to account for negative interest amounts on cash collateral.

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ISDA 2013 Discontinued Rates Maturities Protocol

The ISDA 2013 Discontinued Rates Maturities Protocol enables parties to amend the terms of Protocol Covered Transactions to address future rate discontinuations where longer and shorter maturities remain for a discontinued rate

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ISDA 2013 EMIR Port Rec, Dispute Res and Disclosure Protocol

The ISDA 2013 EMIR Portfolio Reconciliation, Dispute Resolution and Disclosure Protocol enables parties to amend the terms of their Protocol Covered Agreements to reflect the portfolio reconciliation and dispute resolution requirements imposed by EMIR as well as to include a disclosure waiver to help ensure parties can meet the various reporting and record keeping requirements under EMIR without breaching confidentiality restrictions.

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ISDA 2013 Reporting Protocol

ISDA 2013 Reporting Protocol to enable parties to amend the terms of Protocol Covered Agreements

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ISDA Derivatives/FX PB Business Conduct Allocation Protocol

The purpose of the protocol is to enable swap dealers that are parties to Covered Give-up Arrangements to incorporate into those agreements an apportionment of responsibilities, pursuant to a CFTC Interim Final Rule issued on April 30th, for compliance with obligations under the CFTC's External Business Conduct Standards. ISDA, the FXC (Foreign Exchange Committee) and the FMLG (Financial Markets Lawyers Group) have developed Annex A to the protocol which provides for the allocation of responsibilities between two registered swap dealers as provided in the no action relief.

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ISDA March 2013 DF Protocol

This protocol (which is NOT an updated version of the August 2012 DF Protocol) facilitates compliance with the CFTC’s rulemakings on (i) Swap Trading Relationship Documentation, Confirmation, Portfolio Reconciliation and Portfolio Compression, (ii) End-User Exception to the Clearing Requirement and (iii) Clearing Requirement Determination. Required Compliance Start Date: July 1, 2013. <b>The March 2013 Dodd Frank Protocol questionnaire will be available on ISDA Amend to all users on May 20, 2013. There will be live daily demos starting May 20th (please see ISDA Amend Availability note below).</b>

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ISDA 2013 EMIR NFC Representation Protocol

The Protocol enables parties to amend the terms of their ISDA Master Agreements to reflect certain know your counterparty requirements.

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ISDA 2012 FATCA Protocol

ISDA 2012 FATCA Protocol addresses the effects of the Foreign Account Tax Compliance Act (FATCA) on derivatives transactions.

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ISDA August 2012 DF Protocol

This Protocol is part of ISDA’s Dodd-Frank Documentation Initiative relating to compliance with the CFTC’s External Business Conduct Rules. Required Compliance Start Date: May 1, 2013.

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